151 Mich. App. 476 - Saltmarsh v. Burnard’s Empirical Analysis

Citation profile

3 federal appellate · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case the defendant argues that Ms. Dade neither made a good faith error in ascertaining her authority to act as personal representative nor held a rea sonable belief that authority existed to commence the wrongful death suit, and this Court agrees. It is simply here undisputed that Dade’s temporary authority to act as personal representative lapsed by operation of law due to the failure to post a bond. Simple as that. It is also undisputed that she and/or her attorney must have had notice of this by virtue of the Probate Court’s December 6, 1985 order vacating her authority. This error is similar ... to the one in the Fisher case, ... [which] could have been easily cured in Probate Court in the first instance. The error, therefore, cannot be said to have been a product of a good faith, mistaken belief. And, moreover, without any authority to act on behalf of the Estate and notice thereof, it is inconceivable how Dade could have also held a reasonable belief that she had authority to represent the Estate at the time the wrongful death suit was filed, (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. Estate of Mills v. Trizec Properties

2. “an appointment as administrator after the period of limitations has expired relates back to the filing of suit if, at the time the suit was filed, the plaintiff holds a good faith reasonable belief that he has authority to bring suit as administrator, provided that the defendant is not prejudiced by the application of the relation-back doctrine in such situations. Id. at 491 , 391 N.W.2d 382 (citing Wieczorek v. Volkswagenwerk A. G., 731 F.2d 309 (6th Cir.1984)).”

   1 later decision quote this exact passage · from the majority
   e.g. Estate of Mills v. Trizec Properties